1 2026:CGHC:15850 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3087 of 2026 Taran Nirmalkar S/o Bisruram Nirmalkar Aged About 32 Years R/o Bhairav Nagar Tifra, Police Station Sirgitti, District : Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Office, Police Station Sirgitti, District : Bilaspur, Chhattisgarh ... Non-applicant For Applicant : Mr. Aakash Singh, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.04.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 144/2026 registered at Police Station – Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. As per the prosecution story, on 01.03.2026, Sub-Inspector Sheetal Prasad was on his way to investigate a case when, in the meantime, information was received from an informant that one Taran Nirmalkar was brandishing a knife and threatening the people of the locality and passersby near Kalika Nagar FCI Shop. Upon receiving the said ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.08 11:18:13 +0530 2 information, the Sub-Inspector, along with the humrah staff and witnesses, reached the spot and saw one person holding a sharp knife in his hand, swinging it and shouting loudly. He was apprehended and taken into custody. Upon being asked his name, he disclosed it as Taran Nirmalkar. Further, when a notice was served regarding the legal authorization for possession of the knife, he was unable to produce any valid documents. Thereafter, FIR No. 144/2026 was registered at Police Station Sirgitti. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the applicant has only 04 criminal antecedents, and explanations in respect thereof have been furnished in paragraph 4(a) of the present bail application. It is also submitted that the applicant has been in judicial custody since 02.03.2026. On these grounds, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that, in view of the criminal antecedents of the applicant, which demonstrate that he is a habitual offender, he is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, that the applicant has 04 criminal antecedents, for which explanations have been furnished in paragraph 4(a) of the present bail application and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 3 02.03.2026, and that the conclusion of the trial may take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Taran Nirmalkar, involved in Crime No. 144/2026 registered at Police Station – Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before 4 the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek